Guests filming and creating a cookbook

[John3043]

I had some guests staying in my Palm Springs AIRBNB recently during the COVID-19 pandemic. They were allowed to stay in Palm Springs due to some valid health concerns.

I learned after they left that one of the guests was a chef and was creating a cooking in quarantine e-book in my house. He used many of the dishes for picture and didn't take good care of my cooking utensils (a chef should do better).

It seems like this was wrong to me, them making a profit from my place, and that I should have been informed as to what they were doing.

In addition to this they are being abstinent about the pool heat, which is a whole different story for a different day.

Does ARIBNB have something in the "contract" we have with them and the guests that prohibits this type of behavior? Am I being over critical?

Thanks,
John

[Sarah977]

@John3043 You are not being over-critical. It isn't okay for a guest to use your rental for a commercial venture. You should report the guest to Airbnb- he isn't allowed to do this, unless he clears it with the host first.

And hopefully you will mention this, as well as damaging your utensils, and whatever was done wrong re the pool, in the review you write.

[John3043]

@Sarah977 I did leave a scathing review but since they didn't review me it never will show up. I was very accommodating to them and they took advantage of the efforts and my place. Lesson learned I suppose.

[Anonymous]

@John3043   If the guest doesn't review you, your review will be automatically published 14 days from the checkout date. 

[Sarah977]

@John3043  I don't know where hosts get this idea about reviews. All reviews are published, whether both parties submit one or not. Your review of the guest will show up 14 days after check-out. If both parties submit a review, both reviews are published as soon as they are both submitted.

[Anonymous]

@John3043 That's a tough one. The terms of service don't explicitly prohibit guests from filming or making commercial use of their rentals, but it seems unethical for the guest to do this without your permission.  Dig around the forum a bit and you'll also find several hosts who were dismayed to discover that their homes were used as porn sets - so consider yourself lucky if the only thing that was left sticky was a spatula!

(By the way, if you have a house with a pool in Palm Springs, you can be pretty sure an amateur porn has been made somewhere on the premises. Consider a House Rule about this - at least "host gets a free copy.")

If you have yet to review the guest, I think you're well within your rights to mention that the guest filmed in your home without consent. But beyond that, you probably don't have any other recourse available. There's not a clear-cut case for pursuing additional fees, nor an apparent violation of California laws concerning location filming. 

" In addition to this they are being abstinent about the pool heat"

I'm guessing you were trying to type "obstinate," but that's the funniest Autocorrect of the day!

[Debra300]

@Anonymous,

Thanks for the humorous response.  You are in good form today.  Your recount of the Italian villa review in another community conversation was just golden.  I had some really good chuckles today.

@John3043,

In the very least, did the guest offer to give you a free copy of the e-cookbook?

@Sarah977 

[Maia29]

They should have asked permission first. That's a little bit rude for them not to ask.

[Yadira22 · Accepted solution]

@John3043 

They went against Airbnb’s terms of service on two counts 

Original source for ToS- https://www.airbnb.co.uk/terms#eusec201910_8

1. Damages to property

Section 11. Damage to Accommodations, Disputes between Members

11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).

2. Unauthorised commercial use of said accommodation. 

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Airbnb Platform,... 

-use the Airbnb Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms

I cannot access the USA ToS but use the above when disputing these and please put in a “damage claim”. Good luck to you! 🙂

[Anonymous]

@Yadira22  It's pretty rare for Airbnb to issue compensation for non-physical damage, and the Host Guarantee doesn't appear to have any provision for something like this.

It does seem like something is owed to the host for this unauthorized use, but how would you go about quantifying it?

[Yadira22]

@Anonymous Personally getting Airbnb to view any dispute openly between the host and guest without taking anyone’s side, is almost zero (at least from my experience). 

I would try to keep the talk with the guest only and mention the points above, more so to highlight the fact that the space should have been better treated by them and the space is not for commercial use, and a simple asking of permission would have been a good start in opening that discussion. 

Regarding “compensation”, replacing the affected property would do but a thoughtful food based care package from guests In addition to the prior would certainly help (I am so easily swayed by chocolate). 

[Melodie-And-John0]

If your like most folks today you probably got bigger fish to fry than this one. Maybe you should abstain from fish for a bit anyways and go with a cheeseburger...  Stay well, JR

[John3043]

Yes, I do have bigger fish to fry but I feel so violated and taken advantage of. Maybe I need some porch time to chill out a bit. Thanks, @Melodie-And-John0 

[Dimitar27]

@John3043  Ask them to include some message or a banner in the video, advertising your place.

[Pamela118]

My guests lied to me about his use for my property and I just found a cooking video from my kitchen posted online tonight.     The guest leaves today and i want to check out the property before I report him to to Airbnb.   I found a TV news program with my guest hosting paid events in airbnb homes.. It said he was kicked off Airbnb.   I should have researched him more when my gut felt something was wrong.. I so nervous to see my home in the morning.